§170. First, then, Paternal1 or parental2 power is nothing but that which parents have over their children, to govern them for the children’s good, till they come to the use of reason, or a state of knowledge, wherein they may be supposed capable to understand that rule, whether it be the law of nature, or the municipal law of their country, they are to govern themselves by: capable, I say, to know it, as well as several others, who live as freemen under that law. The affection and tenderness which God hath planted in the breast of parents towards their children, makes it evident, that this is not intended to be a severe arbitrary government, but only for the help, instruction, and preservation3 of their offspring. But happen it as it will, there is, as I have proved, no reason why it should be thought to extend to life and death, at any time, over their children, more than over any body else; neither can there be any pretence4 why this parental power should keep the child, when grown to a man, in subjection to the will of his parents, any farther than having received life and education from his parents, obliges him to respect, honour, gratitude5, assistance and support, all his life, to both father and mother. And thus, ’tis true, the paternal is a natural government, but not at all extending itself to the ends and jurisdictions6 of that which is political. The power of the father doth not reach at all to the property of the child, which is only in his own disposing.
§171. Secondly7, Political power is that power, which every man having in the state of nature, has given up into the hands of the society, and therein to the governors, whom the society hath set over itself, with this express or tacit trust, that it shall be employed for their good, and the preservation of their property: now this power, which every man has in the state of nature, and which he parts with to the society in all such cases where the society can secure him, is to use such means, for the preserving of his own property, as he thinks good, and nature allows him; and to punish the breach8 of the law of nature in others, so as (according to the best of his reason) may most conduce to the preservation of himself, and the rest of mankind. So that the end and measure of this power, when in every man’s hands in the state of nature, being the preservation of all of his society, that is, all mankind in general, it can have no other end or measure, when in the hands of the magistrate9, but to preserve the members of that society in their lives, liberties, and possessions; and so cannot be an absolute, arbitrary power over their lives and fortunes, which are as much as possible to be preserved; but a power to make laws, and annex10 such penalties to them, as may tend to the preservation of the whole, by cutting off those parts, and those only, which are so corrupt11, that they threaten the sound and healthy, without which no severity is lawful12. And this power has its original only from compact and agreement, and the mutual13 consent of those who make up the community.
§172. Thirdly, Despotical power is an absolute, arbitrary power one man has over another, to take away his life, whenever he pleases. This is a power, which neither nature gives, for it has made no such distinction between one man and another; nor compact can convey: for man not having such an arbitrary power over his own life, cannot give another man such a power over it; but it is the effect only of forfeiture14, which the aggressor makes of his own life, when he puts himself into the state of war with another: for having quitted reason, which God hath given to be the rule betwixt man and man, and the common bond whereby human kind is united into one fellowship and society; and having renounced15 the way of peace which that teaches, and made use of the force of war, to compass his unjust ends upon another, where he has no right; and so revolting from his own kind to that of beasts, by making force, which is their’s, to be his rule of right, he renders himself liable to be destroyed by the injured person, and the rest of mankind, that will join with him in the execution of justice, as any other wild beast, or noxious16 brute17, with whom mankind can have neither society nor security*. And thus captives, taken in a just and lawful war, and such only, are subject to a despotical power, which, as it arises not from compact, so neither is it capable of any, but is the state of war continued: for what compact can be made with a man that is not master of his own life? what condition can he perform? and if he be once allowed to be master of his own life, the despotical, arbitrary power of his master ceases. He that is master of himself, and his own life, has a right too to the means of preserving it; so that as soon as compact enters, slavery ceases, and he so far quits his absolute power, and puts an end to the state of war, who enters into conditions with his captive.
(*Another copy corrected by Mr. Locke, has it thus, Noxious brute that is destructive to their being.)
§173. Nature gives the first of these, viz. paternal power to parents for the benefit of their children during their minority, to supply their want of ability, and understanding how to manage their property. (By property I must be understood here, as in other places, to mean that property which men have in their persons as well as goods.) Voluntary agreement gives the second, viz. political power to governors for the benefit of their subjects, to secure them in the possession and use of their properties. And forfeiture gives the third despotical power to lords for their own benefit, over those who are stripped of all property.
§174. He, that shall consider the distinct rise and extent, and the different ends of these several powers, will plainly see, that paternal power comes as far short of that of the magistrate, as despotical exceeds it; and that absolute dominion18, however placed, is so far from being one kind of civil society, that it is as inconsistent with it, as slavery is with property. Paternal power is only where minority makes the child incapable19 to manage his property; political, where men have property in their own disposal; and despotical, over such as have no property at all.
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paternal
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adj.父亲的,像父亲的,父系的,父方的 | |
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2
parental
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adj.父母的;父的;母的 | |
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3
preservation
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n.保护,维护,保存,保留,保持 | |
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4
pretence
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n.假装,作假;借口,口实;虚伪;虚饰 | |
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5
gratitude
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adj.感激,感谢 | |
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jurisdictions
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司法权( jurisdiction的名词复数 ); 裁判权; 管辖区域; 管辖范围 | |
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secondly
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adv.第二,其次 | |
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8
breach
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n.违反,不履行;破裂;vt.冲破,攻破 | |
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magistrate
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n.地方行政官,地方法官,治安官 | |
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annex
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vt.兼并,吞并;n.附属建筑物 | |
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11
corrupt
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v.贿赂,收买;adj.腐败的,贪污的 | |
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12
lawful
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adj.法律许可的,守法的,合法的 | |
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13
mutual
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adj.相互的,彼此的;共同的,共有的 | |
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14
forfeiture
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n.(名誉等)丧失 | |
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15
renounced
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v.声明放弃( renounce的过去式和过去分词 );宣布放弃;宣布与…决裂;宣布摒弃 | |
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16
noxious
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adj.有害的,有毒的;使道德败坏的,讨厌的 | |
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17
brute
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n.野兽,兽性 | |
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dominion
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n.统治,管辖,支配权;领土,版图 | |
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19
incapable
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adj.无能力的,不能做某事的 | |
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